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Consent, ESA50 and my Work Capability Assessment (WCA)

a guest Feb 15th, 2017 218 Never
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  1. Dear xx
  2.  
  3. RE: Consent, ESA50 and my Work Capability Assessment (WCA)
  4.  
  5. I write to confirm that I do not agree to my or any doctor being informed of any determination related to:
  6.  
  7. 1. limited capability for work
  8. 2. limited capability for work-related activity
  9.  
  10. I make this request under the Data Protection Act (1998), as you require my explicit and informed consent
  11. to share said determination with my or any Doctor/GP, as it is my sensitive personal data.
  12.  
  13. Please write to me to acknowledge this decision not to share the determination with with my or any Doctor/GP.
  14.  
  15. On your ESA50 form, a copy of which I have retained, I have removed/striked-out the part of my signed declaration that
  16. states:
  17.  
  18. "I agree to my doctor or any doctor treating me,
  19. being informed about the Secretary of State's
  20. determination on
  21. – limited capability for work
  22. – limited capability for work-related activity, or
  23. – both"
  24.  
  25. During any actual WCA I will provide the assessor with a copy of this letter and the signed declaration page of the ESA50 form.
  26.  
  27. References
  28.  
  29. Consent and sharing sensitive personal data
  30. https://www.google.co.uk/search?q=consent+and+sensitive+personal+data
  31.  
  32. “How can benefit claimants found fit for or limited capability for work remove permission to inform their
  33. GP of the WCA outcome and how can they do so before the WCA? If the claimant wants to send a
  34. letter removing consent to inform GP of outcome, who should they write to?”
  35.  
  36. If a benefit claimant wishes to withdraw consent to inform a GP of the outcome of a Work
  37. Capability Assessment they need to write to the Benefit Centre that deals with their benefit
  38. claim.  
  39. https://www.whatdotheyknow.com/request/382955/response/938163/attach/html/3/236.pdf.html
  40.  
  41. What conditions need to be met in respect of sensitive personal data?
  42. The individual whom the sensitive personal data is about has given explicit consent to the processing.
  43. https://ico.org.uk/for-organisations/guide-to-data-protection/conditions-for-processing/
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